United States v. Martin Allen Johnson

Martin Allen Johnson attempts to appeal the district court’s denial of his former Rule 35(a) motion to correct his sentence. Specifically, Johnson contends that our decision in United States v. Gomez, 911 F.2d 219 (9th Cir.1990), renders illegal the sentence imposed for his conviction on Count Three of the Indictment, a violation of 18 U.S.C.App. § 1202(a) (“Convicted Felon in Possession of Firearms”). Treating his appeal as a denial of an action brought pursuant to 28 U.S.C. § 2255 (1988), we exercise jurisdiction under the authority of United States v. Karp, 764 F.2d 613 , 614 n. 1 (9th Cir.1985), and we affirm.

I

On May 28, 1986, a federal grand jury returned a three-count indictment against Johnson. Counts One and Two related to Johnson’s possession of cocaine and marijuana with the intent to distribute. Count Three charged Johnson with possessing firearms in violation of 18 U.S.C.App. § 1202(a) (repealed 1986). Johnson was convicted on all three counts in August, 1986, and was sentenced to twenty years in prison on Count One, ten years in prison on Count Two, and two years on Count Three. Johnson appealed his sentence, and we affirmed. United States v. Johnson, 822 F.2d 62…